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HomeMy WebLinkAbout09-12-2006 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 12, 2006 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY (Councilmember Buckley arrived at 4:26 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, City Engineer Seumalo, Recreation/Tourism Manager Fazzio, Finance Manager Riley, City Treasurer Weber and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Loraine Warts. Agenda Item No,_ Page 1 of 53 Page 2 - City Council Meeting Minutes - September 12, 2006 - INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY (Councilmember Buckley arrived at 7:02 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Public Works Manager Payne, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code g 54956.9) Elsinore Christian Center v. City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore United States District Court Case No. CV 01-04842; Ninth Circuit Court of Appeal No. 04-55320. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) ofGov't Code g 54956.9: (1 potential case) CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A" and "B" were discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Proclamation - Friends of the Library. Agenda Item Noo_ Page 2 of 53 Page 3 - City Council Meeting Minutes - September 12,2006 Mayor Magee called Leiloni Purcell forward to join him at the podium. Mayor Magee gave some background on the Friends of the Library. Mayor Magee read and presented the Proclamation to Ms. Purcell. Ms. Purcell provided some history on the Friends of the Library. She commented that Verizon would be providing $15 thousand to the Friends of the Library. Ms. Purcell asked the Council for prayer in regard to the Friends of the Library. She thanked them for the Proclamation. B. Proclamation - Youth Court Month. Mayor Magee called Lieutenant Peebles and his Youth Court Volunteers to the podium. Mayor Magee gave some background on Youth Court. Mayor Magee read and presented the Proclamation to Lieutenant Peebles and his Youth Court Volunteers. Lieutenant Peebles indicated that he was gratefully standing in for Chief Fetherolf who was away at a conference. Lieutenant Peebles introduced the Youth Court volunteers. Tim Hodges, Youth Court Volunteer, thanked the City Council for the Proclamation and support. He noted that Youth Court was a great program. He thanked Chief Fetherolf for all of his help with the progam. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Phil Stephens, 18 Del Brienza, requested an update on the proposed Civic Center. Mayor Magee noted that since the item was not on the agenda, the item could not be discussed in detail. Mayor Magee noted that he could not address that item during the Public Comments section of the meeting. He encouraged Mr. Stephens to continue Agenda Item Noo_ Page 3 of 53 Page 4 - City Council Meeting Minutes - September 12,2006 with his comments. He noted that the rest of Council could comment on the item at the end of the meeting. George Etzel, 29315 3rd Street, noted that he had been a resident of Lake Elsinore for 17 years. He noted that he felt Council was doing a good job. He noted that the "Music with a View" concert series was a fantastic event in the community. He thanked Councilmember Kelley for her efforts with the "Music with a View" concert series and presented her with a token of his appreciation. Councilmember Kelley thanked Mr. Etzel. She noted the committee members that were involved with the event. She noted that they worked very hard. David Okerlund, 32928 Rose, noted that he was the Chairman of the Southwest Riverside Friends of the NRA. He noted that they are a non- profit organization. He noted that they raise funds for youth activities, safety training, education and conservation on a local basis. He noted that they were having a fundraising dinner at Pechanga Resort on September 28th from 6-10 p.m. He noted that the proceeds would go toward people who were primarily geared toward shooting sports. He noted some of the items to be auctioned. He noted the number where he could be contacted if anyone wanted further information. Loraine Watts, NAACP, commented that the NAACP would have a Candidate Forum on September 23rd at the Library off Graham Avenue. She noted the items that would be discussed during the forum. She invited everyone to attend. Joyce Hohenadl, Lake Elsinore Citizen's Committee, noted that they would be sponsoring a Candidate's Forum at their 4th quarterly meeting on Thursday, October lih at 7 p.m. in the new auditorium of Lakeside High School. She noted that all candidates for Council would be invited to attend. Peter Dawson, 18010 Grand Avenue, noted what the US Coast Guard Auxiliary was doing for the community. He commented that they had inspected 130 boats this past Saturday. He noted 13 boats passed and 14 boats failed inspection. He commented on the everyday duties of the Coastguard. Agenda Item Noo_ Page 4 of 53 Page 5 - City Council Meeting Minutes - September 12,2006 CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following minutes were approved: a. Joint City CouncillRedevelopment Agency Study Session - August 8, 2006. b. Joint City CouncillRedevelopment Agency Study Session - August 17, 2006. c. Joint City CouncillRedevelopment Agency Study Session - August 22, 2006. 2. Ratified Warrant List for August 15,2006 and August 31, 2006. 3. Rej ected claim against the City. 4. Approved Implementation Agreement. Authorized the Mayor to execute the agreement. 5. Approved transfer of$313,500 from Park In-Lieu Fund. Awarded the Lincoln Street Park bid to C.S. Legacy, Inc for $750,026. Authorized the City Manager to execute the contract with C.S. Legacy, Inc. 6. Authorized the Mayor to execute the Notice of Completion and the City Clerk to file the Notice with the County of Riverside. 7. Approved Change Order No.1 for $57,983.05. Authorized the City Manager to execute Change Order No.1. PUBLIC HEARINGS Agenda Item Noo_ Page 5 of 53 Page 6 - City Council Meeting Minutes - September 12,2006 21. Tentative Condominium Map No. 34309 and Residential Design Review (RDR) No. 2005-25. Community Development Director Preisendanz commented on the item. He noted that the project was proposing two 2-story detached condominium triplexes. He noted that the design and layout was consistent with other homes in the area. He noted that the Planning Commission supported the project and recommended approval. Mike O'Neal, Planning Commission, noted that the Planning Commission unanimously concurred with staffs recommendation on the project. Councilmember Buckley inquired if there would be an HOA. Community Development Director Preisendanz confirmed. Councilmember Buckley inquired if it was better for each individual unit to have its' own HOA as compared to an HOA for the whole project. Community Development Director Preisendanz noted that he encouraged one HOA for the entire project. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-145 APPROVING TENTATIVE CONDOMINIUM MAP NO. 34309. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-146 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005-25. GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, Conditional Use Permit and Residential Design Review which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Agenda Item No,_ Page 6 of 53 Page 7 - City Council Meeting Minutes - September 12, 2006 Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, for filing of a Certification of Fee Exemption "De Minimis Impact Finding." in the amount of $64.00 to the Planning Division within 48 hours of the City Council approval date for the required Environmental Filing. TENTATIVE CONDOMINIUM MAP NO. 34309 3. Tentative Condominium Map No. 34309 will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 4. The Tentative Condominium Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 5. Prior to the first certificate of occupancy, the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, the CC&R's shall establish methods to address design improvements. 6. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet Agenda Item Noo_ Page 7 of 53 Page 8 - City Council Meeting Minutes - September 12,2006 the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 7. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 8. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 9. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1 ) homeowner's association with common area for the total development of the subject project. 10. In the event the association or other legally responsible person( s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 11. Each unit owner shall have full access to commonly owned areas, facilities and utilities. RESIDENTIAL DESIGN REVIEW NO. 2005-25 12. Design Review approval for Residential Design Review No. 2005-25 will lapse and be void unless building permits are issued within one (1) year of City Council approval. Agenda Item Noo_ Page 8 of 53 Page 9 - City Council Meeting Minutes - September 12,2006 13. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 14. All site improvements approved with this request shall be constructed as indicated on the approved site plan, grading plan and elevations. Revisions to approved site plans, grading plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 15. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 16. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 17. No exterior roof ladders shall be permitted. 18. Applicant shall use roofing materials with Class "A" fire rating. 19. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 20. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 21. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. Agenda Item Noo_ Page 9 of 53 Page 10 - City Council Meeting Minutes - September 12,2006 22. Decorative paving shall be included at the drive entryways and pedestrian crossings and shall be shown on the construction drawings submitted to Building and Safety. 23. On-site surface drainage shall not cross sidewalks. 24. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 25. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO GRADING PERMITS 26. The applicant shall comply with all requirements established by the Multiple Species Habitat Conservation Plan (MSHCP) and shall pay the Multi Species Habitat Conservation Plan fee of$859.00 per dwelling unit. 27. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 28. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 29. Three (3) sets of the Final LandscapinglIrrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. Agenda Item No,_ Page 10 of 53 Page 11- City Council Meeting Minutes - September 12,2006 b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. Agenda Item No,_ Page 11 of 53 Page 12 - City Council Meeting Minutes - September 12, 2006 PRIOR TO ISSUANCE OF A BUILDING PERMIT 30. Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b) (2) of the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee at the rate of $2.00 per square foot as assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. (Modified by Planning Commission 4-4-06) 31. The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. 32. The applicant/developer shall pay the Public Building Impact fee in the amount of$I,234 per dwelling unit. 33. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 34. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 35. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING 36. Developer shall merge and re-subdivide the existing subdivision as provided in Article 1 of Chapter 6 of Subdivision Map Act. The new tract or parcel Agenda Item Noo_ Page 12 of 53 Page 13 - City Council Meeting Minutes - September 12, 2006 map shall include adequate delineation of the public streets and public easements. 37. Developer shall be subject to all current development fees related to condominium development. Any unused fees or deposits previously made pursuant to the original subdivision pertaining to this property shall be credited pro rata towards any current requirements for the same purposes which are applicable at the time of the re-subdivision. 38. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 39. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 40. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 41. Developer shall install permanent property corners survey markings per Riverside County standards. All certifications (with tie notes delineated on 8 'i'2" x 11" Mylar) shall be submitted to the Engineering Division before recordation of tract/parcel map. 42. All tract/parcel maps shall be digitized. Prior to recordation of new tract or parcel map applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing. 43. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 44. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this Agenda Item No,_ Page 13 of 53 Page 14 - City Council Meeting Minutes - September 12,2006 letter prior to applying for a building permit. 45. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 46. Provide fire protection access and facilities as required III writing by Riverside County Fire. Drainae:e: 47. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 48. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 49. Roof and yard drains will not be allowed to outlet directly through cuts in the street curb. Roof drains should drain to a landscaped area prior to entering public right of way, or other private properties. 50. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all City Master Planned Drainage facilities constructed, and any drainage fees paid previously. 51. Provide roof over the all trash bin enclosures to prevent rain entering into the enclosure as part ofNPDES & WQMP requirements 52. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 53. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways before entering public right of way. Agenda Item Noo_ Page 14 of 53 Page 15 - City Council Meeting Minutes - September 12, 2006 GRADING 54. Apply and obtain a grading permit with appropriate security prior to any grading activity. 55. A grading plan stamped/signed by a California Registered Civil Engineer is required since the grading exceeds 50 cubic yards and the existing flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit issuance. 56. Provide soils, geology and seismic report, as part of this report address the requirement of the Alquis-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 57. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 58. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 59. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. Conditions. Covenants and Re2:ulations: 60. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor-homes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. Agenda Item Noo_ Page 15 of 53 Page 16 - City Council Meeting Minutes - September 12,2006 61. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage, and maintenance or replacement of BMP facilities for post construction runoffs. Fees: 62. Pay the following fees prior to building permit issue, Drainage fee IS $5,120.00 per acre, TIF is $959.00 per unit, TUMF is $5021.00 per unit. Prior to Occupancy: 63. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 64. The improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 65. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 66. All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 67. Water and sewer improvements shall be completed In accordance with Water District requirements. COMMUNITY SERVICES DEPARTMENT Agenda Item No,_ Page 16 of 53 Page 17 - City Council Meeting Minutes - September 12, 2006 68. Developer to pay park fees of$1,600 per unit. 69. Developer will be required to participate in the "Public Facility" fee program. 70. All interior landscape, recreation areas, facilities and/or open space to be maintained by the HOA. No park credits. 71. Developer to comply with all NPDES storm water requirements. 72. HOA will be responsible for maintaining all common landscape areas 73. Developer to participate in City-wide LLMD. 74. Developer to annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 75. All interior streets and/or roadways to be maintained by the HOA. 76. HOA to maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 77. Developer to design a multi-family recycling plan through the City and CR&R. 78. Developer to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. DEPARTMENT OF ADMINISTRATIVE SERVICES 79. Prior to approval of the Final Map, Site Development Plan, or Conditional Use Permit (as applicable), the applicant shall annex into Community Facilities District 2003-1 offset the annual negative fiscal impacts of the project on the pubic safety operations and maintenance issues in the City. 80. Prior to approval of the Final Map, Site Development Plan, or Conditional Use Permit (as applicable), the applicant shall annex into the Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal Agenda Item No._ Page 17 of 53 Page 18 - City Council Meeting Minutes - September 12, 2006 impacts of the project on the public right-off-way for which the City will pay for electricity and maintenance fee to Southern California Edison. 81. Upon completion of the Fire Station Impact Study and other impact fee studies, Developer shall pay impact fee. 82. Prior to approval of the Final Map, Site Development Plan, or Conditional Use Permit (as applicable), the applicant shall annex into the Mello-Roos Community Facilities District to fund the ongoing operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. RIVERSIDE COUNTY FIRE DEPARTMENT 83. The applicant shall comply with all Riverside County Fire Department conditions and standards. CONDITIONAL USE PERMIT NO 2005-24 84. Conditional Use Permit No. 2005-24 approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 85. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 86. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 87. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7 :00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. Agenda Item Noo_ Page 18 of 53 Page 19 - City Council Meeting Minutes - September 12, 2006 88. Security lighting shall be required. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. STORMW A TER/ CLEANW ATER PROTECTION PROGRAM 89. City of Lake Elsinore has adopted ordinances for stormwater management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-stormwater discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Stormwater Pollution, What You Should Know" describing preventing measures are available at City Hall. 22. The Village at Lakeshore Specific Plan. Community Development Director Preisendanz commented on the item. He noted that the project required a number of entitlements. He noted that the project would include 146 attached condominiums located within a gated community. He commented on the 4 0' clock study session and the discussion of right-of-way at Riverside Drive as shown on TPM No. 33267. He noted that staff had prepared and recommended a Condition of Approval. He read the following Condition of Approval into the record: "Prior to the recordation of the Final Map, the applicant shall process a roadway vacation such that the right-of-way is consistent with the boundaries as described in the approved Specific Plan. In the event that a roadway vacation cannot be accomplished, the applicant shall submit revised plans to the City for approval" . Michael O'Neal, Planning Commission, commented that the Planning Commission unanimously concurred with staff s recommendation on the project. Councilmember Buckley commented that Community Development Director Preisendanz had forgot to add "for approval" for the Condition of Approval that he read into the record. Councilmember Buckley inquired who the right-of-way belonged to. Agenda Item No._ Page 19 of 53 Page 20 - City Council Meeting Minutes - September 12, 2006 Community Development Director Preisendanz indicated that they did not yet know who it belonged to and that they were looking into it. He noted that he believed it was Caltrans. Councilmember Buckley noted that he would like to add a Condition of Approval to include that there be ivy or other vine-type plants along Grand Avenue, Riverside Drive and the Flood Control Chane I block fences. Community Development Director Preisendanz noted that the applicant had made him aware of a planting scheme within the Specific Plan which included vines to be planted. He noted that the condition could be added in. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-147 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-148 ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2006-05. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1193. ORDINANCE NO. 1193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2005-01 CHANGING THE ZONING DESIGNATION OF THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF GRAND AVENUE AND RIVERSIDE DRIVE FROM C-P COMMERCIAL PARK DISTRICT TO SPECIFIC PLAN UNDER THE ZONING ORDINANCE. Agenda Item No._ Page 20 of 53 Page 21 - City Council Meeting Minutes - September 12, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-149 ADOPTING TENTATIVE CONDOMINIUM MAP NO. 33267 SUBJECT TO THE CONDITIONS THAT WERE OUTLINED FOR THE RIGHT-OF- WAY AND AN IVY -LIKE PLANT ON THE EXTERIOR BLOCK WALLS. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2006-150 ADOPTING RESIDENTIAL DESIGN REVIEW NO. 2005-09. Mayor Magee noted that 7 dwelling units per acre was more than acceptable. He noted that the landscape plan included additional enhancements and larger tree sizes than the minimum requirement. He noted that the size of the units went from 1,200 to 1,800 square feet. He noted that there were 3 different architectural styles throughout the development. He noted that he felt the end result would be a quality project. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Contract Agents from any claim, action, or proceedi~g against the City, its Official, Officers, Employees, Contract Consultants or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project. Agenda Item Noo_ Page 21 of 53 Page 22 - City Council Meeting Minutes - September 12,2006 2. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of One Thousand Three Hundred and Fourteen Dollars ($1,314.00) to enable the City to File the Notice of Determination. Said filing fee shall be provided to the City within 48 hours of project approval. SPECIFIC PLAN NO. 2004-01 & ZONE CHANGE NO. 2005-01 3. The Draft Village at Lakeshore Specific Plan shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council. A Final Village at Lakeshore Specific Plan document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the Village at Lakeshore Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee. 4. Future development shall comply with those standards and guidelines contained in the Village at Lakeshore Specific Plan document. 5. Those issues, standards, guidelines, etc. not addressed in the Village at Lakeshore Specific Plan will revert to the City Municipal Code and/or Zoning Code in effect at the time future projects are proposed. 6. The applicant shall participate and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project-related onsite and offsite improvements as described in the Village at Lakeshore Specific Plan document. 8. The applicant shall implement those mitigation measures identified in Mitigated Negative Declaration No. 2006-05 and its Mitigation Monitoring Program. 9. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. Agenda Item Noo_ Page 22 of 53 Page 23 - City Council Meeting Minutes - September 12, 2006 10.The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. TENTATIVE CONDOMINIUM MAP NO. 33267 11. The Tentative Condominium Map No. 33267 will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 12.The Tentative Condominium Map No. 33267 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 13.Prior to final certificate of occupancy of Tentative Condominium Map No. 33267, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 14.Prior to approval of the Final Map the Tentative Parcel Map shall be modified to a one lot Tentative Tract Map for condominium purposes. 15.Prior to the issuance of the first certificate of occupancy, the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, the CC&R's shall establish methods to address design improvements. 16.No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which Agenda Item No,_ Page 23 of 53 Page 24 - City Council Meeting Minutes - September 12,2006 have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. I7.Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. I8.Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 1 9. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1 ) homeowner's association with common area for the total development of the subject project. 20.ln the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 2I.Each unit owner shall have full access to commonly owned areas, facilities and utilities. RESIDENTIAL DESIGN REVIEW NO. 2005-09 Agenda Item Noo_ Page 24 of 53 Page 25 - City Council Meeting Minutes - September 12, 2006 22.Design Review approval for Residential Project No. 2005-09 will lapse and be void after one (l) year of the approval date unless construction is diligently pursued. (Modified by Planning Commission 8-15-06) 23.Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide ( a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b) (2) of the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee at the rate of $2.00 per square foot as assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 24.All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Village at Lakeshore Specific Plan and Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 25.All site improvements shall be constructed as indicated on the approved building elevations and site plan. 26.Future site plotting and construction shall be consistent with these Conditions of Approval, those conditions approved with Tentative Condominium Map No. 33267 and those provisions and requirements contained in the Village at Lakeshore Specific Plan and Municipal Code, subject to approval by the Community Development Director or designee. 27.Future site plotting and construction within Tentative Condominium Map No. 33267 shall comply with the standards and requirements of the Village at Lakeshore Specific Plan. Future site plotting shall be shown on precise Agenda Item No._ Page 25 of 53 Page 26 - City Council Meeting Minutes - September 12, 2006 grading plans, subject to approval by the Community Development Director or designee. 28.All weep screeds shall be a maximum three inches above any hard surface and four inches above any earth surface. 29.Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 30.Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 31.Provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or designee. Precise grading plans shall identify the location of the aforementioned flat concrete pad and air conditioning units. 32.The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of-way. The applicant shall obtain street addresses for all production lots prior to issuance of certificate of occupancy. 33.The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineering Manager. 34. The applicant shall comply with all applicable City Codes and Ordinances. 35.A cash bond of$I,OOO.OO shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 36. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. Agenda Item No,_ Page 26 of 53 Page 27 - City Council Meeting Minutes - September 12, 2006 37.The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 38.The design and construction of the project shall meet all County Fire Department standards for fire protection. 39.All mechanical and electrical equipment shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permit. 40.All front yards and side yards on comer lots shall be properly landscaped with automatic (manual or electric) irrigation system to provide 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. The finallandscapinglirrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. A Landscape Plan check fee will be charged prior to final landscape approval based on the Consultant's fee plus 40 percent. 41.Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. 42. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. 43.All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. 44.Alllandscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. Agenda Item Noo_ Page 27 of 53 Page 28 - City Council Meeting Minutes - September 12,2006 45.The Final landscape plan shall be consistent with any approved site and/or plot plan. 46. The Final landscape plan shall include planting and irrigation details. 47.All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. 48. The Final landscaping and irrigation plans shall include vine plantings and necessary irrigation methods along the outside of the project perimeter walls located along the entire length of the Riverside Drive and Grand Avenue frontages and along the entire length of the eastern property line. The specific number and location of the vine plantings shall be reviewed and approved by the Community Development Director or Designee. (Added by City Council 9-12-06) 49.Fences located in any front yard shall not exceed three feet in height with the exception that wrought-iron fences may be five feet in height. Chain link fences shall be prohibited. 50.Garages shall be constructed to provide a minimum of 10' x 20' of interior clear space for two cars for a total interior clear space of 20' x 20'. 51.Prior to issuance of any precise grading permit or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 52. These Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. 53.The Homeowner's Association shall maintain all project improvements and facilities, including the project streets, landscaping, park facilities, and drainage improvements. 54.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. Agenda Item Noo_ Page 28 of 53 Page 29 - City Council Meeting Minutes - September 12, 2006 55.The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 56.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 57.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 58.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 59. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. CONDITIONAL USE PERMIT NO. 2005-21 (APPROVED BY THE PLANNING COMMISSION 8-15-06) 60.Conditional Use Permit No. 2005-21 approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 61. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 62.The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. ENGINEERING General Requirements: 63.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a Agenda Item No._ Page 29 of 53 Page 30 - City Council Meeting Minutes - September 12, 2006 grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 64.Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 65.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 66. This project shall comply with the recommendations of the traffic study prepared by Webb and Associates, dated October 12,2005. 67.Phasing Plan shall be approved by the City Engineer. Bond public improvements for each Phase as approved by the City Engineer. 68.An Encroachment Permit shall be obtained prior to any work on City right- of-way. 69.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 70.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 71.Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements for any work within Caltrans right-of-way. 72.Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right-of-way. 73. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by the City Engineer. 74.Provide fire protection facilities as required in writing by Riverside County Fire. Agenda Item No,_ Page 30 of 53 Page 31- City Council Meeting Minutes - September 12,2006 75. The applicant shall incorporate bus bays in the street design unless not required by R T A. 76.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 77.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. 78.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 79.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" X 11 II Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 80.Slope maintenance along right-of-ways shall be maintained by a homeowner's association. 81.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by homeowner's association. 82.All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 83.0n-si te drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. Agenda Item Noo_ Page 31 of 53 Page 32 - City Council Meeting Minutes - September 12, 2006 84.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 85.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 86.Applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 87.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 88.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 89.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or. have plans submitted and approved, agreements executed and securities posted: 90.Construct the traffic signal at State Route 74 (Riverside Drive) and Grand Agenda Item No,_ Page 32 of 53 Page 33 - City Council Meeting Minutes - September 12, 2006 Avenue. A south bound deceleration lane on State Route 74 shall be provided. 9l.lnterior streets shall be privately maintained and shall have a minimum width of 28' unless otherwise approved by the Fire Department. 91.Construct and dedicate right-of-way on State Route 74 (Riverside Drive) from the channel to Grand Avenue per City's General Plan (half width + 12' improvements). The improvements include sidewalk improvements over the flood control channel to sidewalk improvements at the school site and a temporary ac sidewalk improvement from Grand A venue to existing sidewalk approximately 390 feet south of Grand Avenue. The applicant shall construct the required landscaped median along State Route 74. Should Caltrans not approve the median, the applicant shall pay cash in-lieu of improvements for half-width of the required median improvements. Construct a deceleration lane for the project entrance on SR 74. The project entrance on SR 74 shall be right-in/out only. 92.Construct and dedicate right-of-way on Grand Avenue from the project boundary to State Route 74 (Riverside Drive) per City General Plan (part- width improvements). Full improvements shall be required from the old Riverside Drive to State Route 74. Cash bond in-lieu of construction of median improvements may be provided subject to City Engineer's approval. Full access shall be provided at the project entrance off of Grand Avenue. 93.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 94.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 95.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 96.Make an offer of dedication for all public streets and easements required by these conditions or as shown on the Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. Agenda Item Noo_ Page 33 of 53 Page 34 - City Council Meeting Minutes - September 12, 2006 97. Applicant shall submit signing and striping plans for the required street improvements and a traffic control plan showing all traffic control devices for the project to be approved prior to final map approval. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the project. 98. A Calif. Registered Civil Engineer shall prepare street and traffic improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 99. All Public Works improvements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. The improvements shall include street and drainage improvements, street lighting, and associated traffic improvements related to the project. Prior to Issuance of a Grading Permit 100. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 101. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that minimize sight distance standards. 102. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 103. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 104. An Alquist-Priolo study shall be performed on the site to identify any Agenda Item No,_ Page 34 of 53 Page 35 - City Council Meeting Minutes - September 12, 2006 hidden earthquake faults and/or liquefaction zones present on-site. 105. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 106. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 107. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit 108. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 109. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 110. No structures, landscaping, or equipment shall be located near the project entrances that minimize sight distance standards. 111. Pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Recordation of Final Map Agenda Item No._ Page 35 of 53 Page 36 - City Council Meeting Minutes - September 12, 2006 112. Prior to recordation of the Final Map, the applicant shall process a roadway vacation such that the right-of-way is consistent with the boundaries as described in the approved Specific Plan. In the event that a roadway vacation cannot be accomplished, the applicant shall submit revised plans to the City for approval. (Added by City Council 9-12-06) Prior to Occupancy 113. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 114. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 115. All public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 116. All signing and striping and traffic control devices shall be installed. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the tract. 117. Water and sewer improvements shall be completed in accordance with Water District requirements. 118. The traffic signal at SR 74 and Grand Avenue shall be operational prior to 1 st Occupancy. The applicant shall notify the City at least one month in advance should the signal turn on be delayed due to Caltrans review and approval or any anticipated delays. The City Engineer may allow certain occupancy prior to signal turn on if warranted. 119. Pay fair share costs of offsite improvements as identified in the traffic study. The fair share costs calculations shall be provided by the applicant and approved by the City Engineer. 120. Proof of maintenance responsibility and acceptance shall be provided for Agenda Item Noo_ Page 36 of 53 Page 37 - City Council Meeting Minutes - September 12, 2006 all open space, slopes, and drainage facilities, outside the public right-of- way. 121. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. ADMINISTRATIVE SERVICES DEPARTMENT 122.Prior to the approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Community Facilities District 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 123. Pri or to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-off-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 124. Developer shall pay both Fire Station Impact Fee and Other Impact Fees 125. Upo n completion of the Fire Station Impact Study and other impact fee studies, Developer shall pay impact fee. 126. Developer shall pay CFD for Park, Parkway, Open Space and Storm Drain Maintenance 127. Pri or to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello-Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. COMMUNITY SERVICES DEPARTMENT 128. Developer to pay park fees of$I,600 per unit ($233,600). Agenda Item Noo_ Page 37 of 53 Page 38 - City Council Meeting Minutes - September 12, 2006 129. All interior landscape, recreation areas, facilities and/or open space to be maintained by the HOA. No park credits. 130. Developer to comply with all NPDES storm water requirements. 131. Developer to participate in City-wide LLMD. 132. Developer to annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 133. All interior streets and/or roadways to be maintained by the HOA. 134. HOA to maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 135. Developer to design a multi-family recycling plan through the City and CR&R. 136. Developer to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 137. Developer to meet City curb, gutter and sidewalk requirements. 138. Secondary access needs to be clearly defined as part of the development. 139. All existing palms (California Fan Palms and Canary Island Date Palms) to be incorporated into the project landscaping or donated to the City and relocated at the developer's expense. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 140. Under the provisions of SB 50, the owner or developer shall be required to pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. RIVERSIDE TRANSIT AGENCY 141. The applicant shall work with Riverside County Transit Agency staff for bus turnout. The applicant shall install bus turnout along Riverside Drive and along Grand Avenue as required by Riverside Transit Agency. Agenda Item No._ Page 38 of 53 Page 39 - City Council Meeting Minutes - September 12, 2006 BUSINESS ITEMS 31. Second Reading - Ordinance No. 1190 - Approving Ramsgate Specific Plan No. 89-1 Fourth Revision. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1190. ORDINANCE NO. 1190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMS GATE SPECIFIC PLAN NO. 89-1 FOURTH REVISION, LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH OF STATE HIGHWAY 74, AND WEST OF GREENWALD AVENUE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1191 - Amending Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1191. ORDINANCE NO. 1191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.66 (PARKING REQUIREMENTS) OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING COMPACT PARKING DRIVE Agenda Item Noo_ Page 39 of 53 Page 40 - City Council Meeting Minutes - September 12, 2006 AISLE WIDTH AND PARKING RATIO FOR MEDICAL USES. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE 33. Second Reading - Ordinance No. 1192 - Amending and restating Chapter 2.20 of the Lake Elsinore Municipal Code regarding Disaster Relief. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1192. ORDINANCE NO. 1192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 2.20 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING DISASTER RELIEF. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE BUCKLEY NONE Agenda Item No._ Page 40 of 53 Page 41 - City Council Meeting Minutes - September 12, 2006 34. Resolution adopting the National Incident Management System (NIMS). Public Works Manager Payne commented on the item. He noted that NIMS was developed to provide a consistent nationwide approach for federal, state and local governments to work together more efficient and effectively during disasters. He noted that NIMS ensured the City to receive Federal Preparedness Funding in addition to Disaster Relief Funding. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT RESOLUTION NO. 2006-151 APPROVING THE INTEGRATION OF NIMS INTO THE CITY OF LAKE ELSINORE EMERGENCY MANAGEMENT PLAN. Mayor Magee inquired if a Councilmember should be recorded as absent or abstaining when they leave the dais during a roll call vote. City Attorney Leibold noted that the Councilmember should be listed as absent and the minutes should reflect when they reconvene to the balance of the Council. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE WITH COUNCILMEMBER BUCKLEY ABSENT. 35. Amendment to L.E.M.C. Sections as listed in the staff report regarding appeal of Nuisance Abatement and Planning Commission decisions. City Attorney Leibold noted that the current appeal period of a Planning Commission decision was 10 days. She noted that similarly a Nuisance Abatement decision is subject to appeal within 10 days. She noted that the Council expressed a desire to extend the appeal period to 15 days. She noted that she and her staff had reviewed specific sections of the L.E.M.C. She indicated that in order to provide for a consistent IS-day appeal period, they were proposing that the individual sections of the LEMC be modified. Councilmember Buckley reconvened with the body of the Council at 7:48 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1194. Agenda Item Noo_ Page41 of 53 Page 42 - City Council Meeting Minutes - September 12,2006 ORDINANCE NO. 1194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTIONS 8.18.100, 14.04.220, 17.70.014, 17.70.038, 17.74.070, 17.76.070, 17.80.020, 17.82.090, 17.82.100, 17.92.050, 17.98.100, AND 17.99.180 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING APPEAL OF NUISANCE ABATEMENT AND PLANNING COMMISSION DECISIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 36. Biennial Review of the Conflict of Interest Code. City Attorney Leibold commented on the item. She noted that the City had adopted the "Model Conflict of Interest Code" which was promulgated by the FPPC and incorporated into the California Code of Regulations. She noted that because the City adopted the Conflict of Interest Code in that way, it was a living code that was modified as the FPPC makes modifications. City Attorney Leibold noted that the second portion of the code was to designate employees subject to the disclosure requirements. She noted that the designated list of employees had been amended. She noted that staff s recommendation was to approve the amendments to the designated employee list and direct the City Clerk to file the 2006 local Biennial Review notice with the FPPC on or before October 2006 indicating the amendments to the list of designated employees. Agenda Item No,_ Page 42 of 53 Page 43 - City Council Meeting Minutes - September 12, 2006 Councilmember Buckley inquired if everyone on the designated employee list had to attend the AB1234 training. City Attorney Leibold noted that the bylaw did not extend as deep into the staffing structures in the list of the designated employees. She noted that Council had encouraged all department heads and city staff to attend the ethics training. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE AMENDMENTS TO THE "DESIGNATED EMPLOYEE" LIST AS SET FORTH IN EXHIBIT B OF THE STAFF REPORT AND DIRECT THE CITY CLERK TO FILE THE 2006 LOCAL BIENNIAL NOTICE WITH THE FAIR POLITICAL PRACTICES COMMISSION. 37. City Council Policies. City Attorney Leibold commented on the item. She noted that the review started over a year ago by the subcommittee of the Council consisting of Councilmembers Buckley and Hickman. She noted that she reviewed their recommendations. City Attorney Leibold noted that certain policies had been deleted and some had been modified. Michael O'Neal, Planning Commission, commented on an article from the Californian regarding the budget. He commented on the withholding stipends of Council, Planning Commissioners and City Treasury. Mayor Pro Tern Schiffner noted that the City Attorney recommended that Section 300-1 be deleted from the Council Policies. He noted that he was in favor of deleting the section. Councilmember Buckley noted that withholding stipends would not balance the budget. He noted that stating the item as a policy of the City, would show the residents of the City how much public officials care about spending their tax dollars. He noted that he was in favor of keeping the item as part of the Council Policy. Agenda Item Noo_ Page 43 of 53 Page 44 - City Council Meeting Minutes - September 12, 2006 Councilmember Hickman suggested that public officials not get paid until the budget was balanced. He further suggested getting reimbursed once the budget was balanced. MOVED BY SCHIFFNER TO ELMINATE POLICY 300-1 FROM THE COUNCIL POLICIES. Councilmember Kelley noted that she could not support deleting Council Policy 300-1. She noted that Council always does their best to try and balance the budget. City Treasurer Weber noted that taking stipends from public officials would not make a difference. He commented that it was staff s responsibility to produce a balanced budget. Councilmember Buckley stated that the Council Policy 300-1 was about the City's dedication and appearance to the people who live in Lake Elsinore. He noted that the stipend was a small amount. He further noted that the policy would set a great example for other government agencies. City Attorney Leibold noted that the City Attorney's recommendation is that Council Policy 300-1 should be eliminated because it is duplicative of the LEMC. She noted that the LEMC was the appropriate place to address Council compensation. She noted that Council compensation was established by Government Code pursuant to a schedule based on population. She noted that based on the City's current population, Council was eligible for an adjustment. She noted that in order to effect that adjustment, there was discussion about directing the City Attorney to bring back an ordinance at the next regularly scheduled meeting. She inquired if Council wanted to incorporate the issues of Council compensation exclusively in the LEMC such that a policy is not necessary or direct the City Attorney to bring back the ordinance adjusting Council compensation in accordance with the Government Code. Councilmember Buckley commented that the potential pay was established at the state level. He noted that it was the City Council that must set the pay, and the adjustment was being discussed as a raise. Mayor Magee noted that he felt that the direction to staff has been to balance the budget, and that public safety was their number-one priority. He noted Agenda Item Noo_ Page 44 of 53 Page 45 - City Council Meeting Minutes - September 12,2006 that there are other government entities, above the Council, that have the ability to control the purse strings and can also legislate the Council with additional requirements which Council would be obligated to perform on behalf of their constituents without the benefit of increased funds. He noted that he did not feel the policy was appropriate. He commented that he would pledge, if he does not vote for a balanced budget, he would donate a portion of his money to a charitable organization. He noted that there are always those in need of funds. He noted that he could not support the policy. THE FOREGOING MOTION SECONDED BY KELLEY. AMENDED MOTION MADE BY SCHIFFNER, SECONDED BY KELLEY TO INCLUDE THAT THE CITY ATTORNEY BRING BACK AN ORDINANCE IN REGARD TO THE SALARY ADJUSTMENT. Councilmember Hickman noted that the only pressure that the Council could bring for a balanced budget was on management since they control all the figures. THE FOREGOING MOTION CARRIED BY A VOTE OF 4-1 WITH BUCKLEY CASTING THE DISSENTING VOTE. City Attorney Leibold referred to the staff report and suggested that Council start with discussion on Policy No. 200-4 regarding the selection of Mayor. Mayor Magee noted that he could not support the policy. He noted that in order to lead the City, 3 votes are needed. He noted that if someone did not have 3 votes to become Mayor, they would be leading in a handicapped situation. Councilmember Buckley confirmed that to get elected as Mayor, the Councilmember would still need 3 votes with the policy in place. He noted that the policy was intended to eliminate political games. He commented that being Mayor during an election year brings votes. Mayor Pro Tern Schiffner noted that he could support changing the Policy. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE POLICY 200-4 WITH THE DELETION OF LAST PARAGRAPH. Agenda Item Noo_ Page 45 of 53 Page 46 - City Council Meeting Minutes - September 12, 2006 Councilmember Hickman requested further clarification. City Attorney Leibold noted the Electoral Reform Committee made the recommendation. She noted that her recollection of the Council's action, with respect to the items, were to support the policies and to incorporate them into the amended policy manual - but, she did not recall whether they were formally adopted. Councilmember Hickman requested that the City Attorney research that item further. City Attorney Leibold noted that she could research the item further. THE FOREGOING MOTION CARRIED BY A VOTE OF 3-2 WITH BUCKLEY AND HICKMAN CASTING THE DISSENTING VOTES. City Attorney Leibold commented on Policy No. 200-5A. She noted that there was an issue raised by Public Safety Advisory Commission. She noted that the policy that exists and the various provisions of the LEMC provide that the PSAC and the Planning Commission appoint their officers in January of each year. She noted that the PSAC requested that they be able to appoint their officers in July to coincide with the appointment of their membership. She noted that she would have done so, but it required modification of the code. She noted that she was looking for direction from the Council. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE POLICY NO. 200-5A WITH MODIFICATION TO PROVIDE THAT COMMISSION SELECTION OF OFFICERS FOR THE PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION OCCUR IN JULY TO COINCIDE WITH COMMISSION APPOINTMENTS. Councilmember Buckley commented on Policy No. 200-5B regarding Ad Hoc Committee appointments. He inquired if an agenda was required. City Attorney Leibold noted that there would need to be an agenda, but there was not a requirement to have minutes. She noted that there had been discussion whether or not a record needed to be retained for the meetings and whether staff would be provided to take minutes of the meeting or if the Agenda Item No,_ Page 46 of 53 Page 47 - City Council Meeting Minutes - September 12, 2006 committee would appoint a recording secretary. She noted that could be decided on a case-by-case basis. Councilmember Buckley suggested adding "Council permits to have staffing", and in the case where staff would not be provided to add "the Council orders the Ad-Hoc Committee to appoint a recording secretary". City Attorney Leibold noted that not all staff members are necessarily qualified or the appropriate personnel to take minutes. She noted there would generally need to be an additional administrative staff member or an internal committee recording secretary. City Attorney Leibold confirmed that Council's discussion was that as each Ad-Hoc Committee is appointed, or established, that the Council make clear what level of staff support is provided and whether the staff or committee appointed secretary would undertake the minute taking role. MOVED BY BUCKLEY, SECONDED BY MAGEE TO APPROVE POLICY NO. 200-5B AND ADD THE LANGUAGE "AS EACH AD HOC COMMITTEE IS APPOINTED, OR ESTABLISHED, THAT THE COUNCIL MAKE CLEAR WHAT LEVEL OF STAFF SUPPORT IS TO BE PROVIDED AND WHAT MINUTE TAKING ROLE THE COMMITTEE MEMBERS WOULD HAVE TO UNDERTAKE". Councilmember Kelley noted that the RDA Committee was out of compliance. She noted that the RDA Committee had done a wonderful job. She suggested re-aligning the Committee so it was in compliance with the policy. Councilmember Kelley requested that this item be placed on the next agenda. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO DELETE POLICY NO. 200-6. Councilmember Kelley commented on Policy No. 300-12 in regard to Community Organization Grant Policy. She noted that "the aggregate financial assistance received by a community group or organization shall not exceed $1,000 during any 12 month period" should be deleted. Agenda Item Noo_ Page 47 of 53 Page 48 - City Council Meeting Minutes - September 12, 2006 MOVED BY BUCKLEY TO DELETE THE LANGUAGE OF "THE AGGREGATE FINANCIAL ASSISTANCE RECEIVED BY A COMMUNITY GROUP OR ORGANIZATION SHALL NOT EXCEED $1,000 DURING ANY 12 MONTH PERIOD" AND TO ADD "DURING SUCH TIME AS THE CITY HAS ACCESS TO THE ECIVIS SYSTEM, THE CITY SHALL MAKE THE SYSTEM AVAILABLE TO LOCAL PRIVATE NON-PROFIT ORGANIZATIONS FOR THEIR USE AT NO CHARGE" TO POLICY NO. 300-12. City Attorney Leibold commented on page 138. She noted that Item No.8 should come out entirely. She noted that it should have been deleted. AMENDED MOTION MADE BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO INCLUDE THAT ITEM NO.8 ON PAGE NO.6 OF THE POLICY BE DELETED ENTIRELY. Councilmember Buckley commented on Policy No. 100-2, paragraph no. 13 regarding Future Employment. He noted that "6 months" should be replaced with "1 year". He further noted the prohibition is not intended to extend to representation of personal interests and that a provision to that effect needed to be added. He noted that it would not allow for any former officer to turn around and get a job lobbying the City for a year after being a City officer or employee. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE POLICY NO. 100-2 WITH CHANGES TO PARAGRAPH 13 TO REPLACE "6 MONTHS" TO "1 YEAR" AND TO INCLUDE THE LANGUAGE THAT SUCH PROHIBITION IS NOT INTENDED TO EXTEND TO REPRESENTING PERSONAL INTERESTS. Councilmember Buckley commented on Policy No. 100-6 regarding City Council Meeting Tapes. He suggested adding a sentence to the policy which states "once the City Clerk's office has obtained the proper technology to transfer minutes and tapes onto CD-Rom; that the CD-Rom' s be maintained indefinitely." MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE POLICY NO. 100-6 AND ADD THE LANGUAGE "ONCE THE CITY CLERK'S OFFICE HAS OBTAINED THE PROPER TECHNOLOGY TO TRANSFER MINUTES AND TAPES Agenda Item Noo_ Page 48 of 53 Page 49 - City Council Meeting Minutes - September 12, 2006 ONTO CD-ROM; THAT THE CD-ROMS BE MAINTAINED INDEFINITEL Y". City Attorney Leibold commented on Policy No. 100-4 regarding the formulation of the final agenda. She noted that the policy contemplated that the City Manager and the City Clerk coordinate the preparation of a tentative agenda and that the tentative agenda be reviewed with the Mayor with respect to the City Council agenda, and the RDA Chair with respect to the Redevelopment Agency agenda. She noted that the Mayor and RDA Chair could add or delete items with respect to their particular agenda. City Attorney Leibold noted that the City Clerk noted an error in timing on Item No.6 of the Policy. She noted that the Policy appropriately provides how an agenda is determined and what items would be presented to Council and the RDA. She noted that the policy went into detail regarding internal procedures. She noted that Mayor Pro Tern Schiffner inquired, during the Study Session, if some of the internal working detail could be deleted and to leave it to the City Manager and City Clerk to meet the deadline of a Thursday afternoon agenda completion and retain the protocol of consulting with the Mayor and RDA Chair with respect to finalizing the agenda. She suggested leaving the internal deadline to the discretion of the City Manager. She noted that if Council was wishing to consider that kind of approach, she could make a specific recommendation. Mayor Magee noted that he was concerned that the burden would not all of a sudden become that of the City Clerk's office. He noted that if the load and responsibility was not going to shift on the City Clerk, he would accept the recommendation. City Attorney Leibold noted that the LEMC lays the responsibility of establishing the agenda on the City Manager. She noted that the City Clerk had the responsibility of compiling the agenda and producing it in accordance with the Brown Act and to meet the policy of production. City Attorney Leibold noted that the rigidity of the policy was of greater concern because it did not allow for the flexibility or the deference to the City Manager or City Attorney in the case of an urgent nature. Councilmember Buckley suggested adding a paragraph which stated "at the discretion of the City Clerk, City Manager and/or City Attorney - certain Agenda Item No._ Page 49 of 53 Page 50 - City Council Meeting Minutes - September 12, 2006 urgency items may be processed outside the system set forth". City Attorney Leibold suggested stating that there could be specific timelines, but that the City Manager had the discretion to allow exceptions when an item merits it, so long as the City Clerk can still meet the deadline. Mayor Magee inquired how the City Clerk felt about the matter. City Clerk Ray noted that he was okay with the matter. He noted that staff generally tries to submit all staff reports in a timely manner to get the agenda out by Thursday afternoon. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO FOLLOW THE RECOMMENDATION OF THE CITY ATTORNEY TO MODIFY POLICY NO. 100-4. City Attorney Leibold commented on Policy No. 300-4 regarding seminars and conferences. She indicated that a concept was discussed that did not make it into the Council package. She noted that the concept was to require a report to the Councilor respected Commission of the course and activities that were attended when an elected or appointed official attends a seminar or conference that was paid for in whole or in part by the City. Councilmember Buckley felt that a report was a good idea. Mayor Magee inquired if the report could be verbal and/or written. City Attorney Leibold confirmed. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO AMEND POLICY NO. 300-4 TO INCLUDE THAT A VERBAL AND/OR WRITTEN REPORT FROM COUNCIL OR RESPECTED COMMISSION ON THE COURSE AND ACTIVITIES ATTENDED WHEN ELECTED OR APPOINTED OFFICIALS ATTEND A SEMINAR/CONFERENCE THAT WAS PAID FOR IN WHOLE OR IN PART BY THE CITY. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-152 APPROVING REVISED CITY COUNCIL POLICIES WITH SUCH Agenda Item Noo_ Page 50 of 53 Page 51 - City Council Meeting Minutes - September 12, 2006 MODIFICATIONS AS TO SPECIFIC POLICIES AS DICTATED BY PREVIOUS ACTIONS OF CITY COUNCIL DURING CONSIDERATION OF THIS ITEM. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:44 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:48 P.M. PUBLIC COMMENT Connie Soto, 141 Via De La Valle, commented on the lake water. She noted that it was her understanding that the water in the lake was controlled by EVMWD and that the City controlled the lake bottom. She inquired if the City would allow disruption of the lake by takeover of eminent domain to core access to its' bottom and allow the power plant known as LEAPS. Mayor Magee noted that the item was not on the agenda. He noted that Council could address her matter during their individual comments or he could address her after the meeting. Ms. Soto noted that she was a concerned citizen and would like to make a decision for or against the project. She noted that she was looking to the City for proper information and direction on the issue. Mayor Magee noted that the City Council had written up a list of comments on projects. He noted that the City Council was neither for or against the project, but had many concerns. He urged Ms. Soto to request a copy of Council's concerns from the City Clerk. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: September 23rd - Red Bull Action Day and Video Premier at McVicker Park September 23rd - Monthly Car Cruise September 24th - Open Air Farmer's Market Agenda Item Noo_ Page 51 of 53 Page 52 - City Council Meeting Minutes - September 12, 2006 CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Thanked Council for their indulgence on the policy matters. She noted Council could bring their Policy binders into the City Clerk's office to be updated. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Mayor Pro Tem Schiffner commented on the following: 1) Responded to Connie Soto' s Comment. He noted that there were a lot of things Council did not know on the LEAPS project. He noted that Council needed more detail before determining if they are in favor or against the project. Councilmember Hickman commented on the following: 1) Noted that the Property Tax Rebate and Rental Assistance Programs were still available for anyone over 62 years of age until the end of September. Councilmember Buckley commented on the following: 1) Commented that there was $125 thousand budgeted for a feasibility study regarding the Civic Center. He noted that he would like to see a combined City Hall, library and post office in the downtown area. Agenda Item Noo_ Page 52 of 53 Page 53 - City Council Meeting Minutes - September 12, 2006 Mayor Magee commented on the following: 1) Commented on the Civic Center. He noted that Council directed staff to provide answers to Council. He noted that there would be more information coming forward in October. The Regular City Council Meeting was adjou:j at 8:53 p.m. /~_C ~ ~ R~~RT E. MAGE~R CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: ",JU(k[u Salu- MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: ~#'y, CITY CLERK CITY O~~ ELSINORE Agenda Item No._ Page 53 of 53